EXPLANATORY STATEMENT
Issued by authority of the Minister for Emergency Management
Social Security Act 1991
Social Security (AGDRP—Queensland—Rainfall and Flooding—February to March) Determination 2026
Legislative Authority
The Australian Government Disaster Recovery Payment (AGDRP) provides an immediate, one-off payment to a person adversely affected by a major disaster.
Section 1061K of the Social Security Act 1991 (the Act) specifies the qualification criteria for the AGDRP. One of the qualification criteria requires a person to be ‘adversely affected by a major disaster’.
Subsection 1061L(1) of the Act provides that, for the Act, a person is adversely affected by a major disaster if the person is affected by the major disaster in a way determined by the Minister.
Subsection 1061L(2) of the Act provides that the Minister may determine in writing, for a major disaster, the circumstances in which persons are to be taken to be adversely affected by the major disaster.
Subsection 36(1) of the Act empowers the Minister to determine in writing that an event is a major disaster if the Minister is satisfied that an event is a disaster that has such a significant impact on individuals that a government response is required, or the event is an emergency to which a national emergency declaration relates.
Background
The Minister for Emergency Management has made a determination under subsection 36(1) of the Act that the rainfall and flooding in Queensland that commenced on 14 February 2026, and has affected or is affecting the locality of Chinchilla in the local government area (LGA) of Western Downs and the suburbs of Bundaberg Central, Bundaberg East, Bundaberg North and Bundaberg South in the LGA of Bundaberg, is a major disaster within the meaning of the Act.
The Social Security (AGDRP—Queensland—Rainfall and Flooding—February to March) Determination 2026 (the Determination) sets out the circumstances in which a person is “adversely affected” by this major disaster for AGDRP purposes.
Notes on clauses of the Determination
Section 1 sets out the name of the Determination.
Section 2 provides that the Determination commences immediately after it is signed. For section 12 of the Legislation Act 2003, the Determination may commence before it is registered as it will not disadvantage any persons adversely affected by the major disaster.
Section 3 provides that the Determination is made under subsection 1061L(2) of the Act.
Section 4 provides definitions relevant to the Determination, including Act, destroyed, immediate family member, major asset or assets, major damage, seriously injured and principal place of residence.
Subsection 5(1) provides that the Determination applies to the major disaster being the rainfall and flooding that commenced on 14 February 2026 and continues through March in Queensland, which has affected or is affecting the areas mentioned in Schedule 1.
Subsection 5(2) provides that the circumstances in which a person is taken to be adversely affected by the major disaster mentioned in subsection 5(1) are if:
- the person is seriously injured as a direct result of the major disaster (paragraph 5(2)(a)); or
- the person is an immediate family member of an Australian citizen or resident who is missing and presumed killed or killed as a direct result of the major disaster (paragraph 5(2)(b)); or
- the person’s principal place of residence has been destroyed or has major damage as a direct result of the major disaster (paragraph 5(2)(c)); or
- a major asset or assets of the person has or have been destroyed or suffered major damage as a result of the major disaster; or
- the person is a carer of a child to whom paragraphs 5(2)(a), (b), (c) or (d) apply (paragraph 5(2)(e)).
Section 6 provides for the repeal of the Determination two years after commencement. The repeal of the Determination will not affect review rights for applications for the AGDRP lodged within the claiming period, or those who have made late claims with exceptional circumstances prior to the repeal of the Determination. Any review of decisions made on AGDRP applications will be decided based on the Determination in force at the time of the application.
Schedule 1 to the Determination sets out the suburbs and localities in the local government areas affected by the floods.
Consultation
The National Emergency Management Agency (NEMA) consulted with the Queensland Government.
Information about the support made available to individuals affected by this event will be made available on NEMA’s website.
Other matters
Subsection 1061L(3) of the Act provides that a determination made under section 1061L is a legislative instrument. Subsection 1061L(3) of the Act provides that section 42 of the Legislation Act 2003 does not apply to it. The Determination is therefore exempt from disallowance by the Parliament, in accordance with subsection 44(2) of the Legislation Act 2003.
Overview
The Social Security (AGDRP—Queensland—Rainfall and Flooding—February to March) Determination 2026 was enacted to address the immediate needs of individuals adversely affected by the rainfall and flooding in Queensland from February to March 2026. This legislation, introduced under the Social Security Act 1991, provides a one-off payment to eligible individuals through the Australian Government Disaster Recovery Payment (AGDRP). The Minister for Emergency Management, exercising powers under section 1061K of the Act, has determined that the specified rainfall and flooding events constitute a major disaster. The primary objective of this Determination is to clarify the criteria for individuals to be considered adversely affected by the disaster, ensuring they can access the necessary financial support. This Determination is exempt from disallowance by the Parliament, reflecting the urgency and necessity of providing immediate relief to those affected.
Scope and Application
The Social Security (AGDRP—Queensland—Rainfall and Flooding—February to March) Determination 2026, made under the Social Security Act 1991, applies specifically to individuals who have been adversely affected by the major disaster caused by the rainfall and flooding in Queensland that began on 14 February 2026 and continues through March. This determination applies to the localities of Chinchilla in the local government area of Western Downs and the suburbs of Bundaberg Central, Bundaberg East, Bundaberg North, and Bundaberg South in the local government area of Bundaberg, as detailed in Schedule 1. The Determination delineates the criteria for an individual to be considered adversely affected, including if the person is seriously injured, an immediate family member of a missing or deceased victim, has a destroyed or severely damaged principal place of residence, or has a major asset that is destroyed or significantly damaged due to the disaster. Additionally, it includes carers of children who meet the aforementioned criteria. This legislative instrument exempts itself from disallowance by the Parliament, ensuring its immediate effect and applicability without parliamentary intervention.
This determination does not specify any exclusions, exemptions, or thresholds beyond the outlined criteria for being adversely affected. The application of the Act is confined to the geographic and temporal parameters of the specified disaster in Queensland, and it does not extend to other regions or types of disasters unless similarly determined by the Minister. The Determination will be repealed two years after its commencement, although this repeal will not affect existing review rights or pending claims, ensuring that all applications are assessed according to the criteria in force at the time of application. The National Emergency Management Agency has consulted with the Queensland Government, and information about the support available to affected individuals can be found on NEMA’s website.
Key Provisions
The Social Security (AGDRP—Queensland—Rainfall and Flooding—February to March) Determination 2026 establishes specific criteria under which an individual qualifies for the Australian Government Disaster Recovery Payment (AGDRP) following the Queensland floods in February to March 2026. The key provisions of this Determination are outlined in sections 4 and 5, which detail the circumstances under which a person can be considered 'adversely affected' by the disaster. According to section 5(2) of the Determination, an individual qualifies if they have been seriously injured (5(2)(a)), are an immediate family member of someone presumed killed or killed as a result of the disaster (5(2)(b)), their principal place of residence has been destroyed or suffered major damage (5(2)(c)), or they have lost major assets due to the disaster (5(2)(d)). Additionally, caregivers of individuals who meet these criteria (5(2)(e)) also qualify for the payment.
The obligations imposed by this Determination are primarily on the affected individuals to provide evidence of their circumstances in order to qualify for the AGDRP. They must demonstrate how they meet one of the specified criteria, such as submitting medical reports or other documentation to substantiate their claims. The Determination mandates that the evidence provided must be relevant to the disaster in question and must be submitted within the timeframe specified for making claims.
There are no specific offences, penalties, or consequences outlined in the Determination itself. However, the underlying legislation, the Social Security Act 1991, provides for penalties in cases of fraudulent claims. Under section 170 of the Act, making a false statement or providing false information to obtain a payment can result in a civil penalty of up to 10 penalty units, or a criminal penalty of up to 200 penalty units for individuals and 10,000 penalty units for corporations. Additionally, section 171 of the Act allows for the recovery of any payments made in error, along with interest, through the courts.